Photo credit: Creative Commons Jean M.Mas 2/2007 Although my mediation training made no mention of it, 32 years of mediating have taught me that mediations generally unfold over two stages: Stage 1: “Who Did What to Whom”? Here parties (or their lawyers) follow the ritual of naming, blaming and claiming – recounting facts, providing evidence…

Being a mediator brings surprises along the way. For me, I was presented with what turned out to be the biggest challenge of my professional career last November when the Cabinet Secretary for Health in Scotland appointed me to conduct a review of allegations made by staff (through whistle-blowers) of bullying and harassment in Scotland’s…

good mediation seen through a client's lens

“Like poets, but with less time” The Deep End Getting to grips with mediation can leave students and trainees overwhelmed. That favourite training tool, the roleplay, throws most in at the deep end. The sudden immersion forces them to speak, listen and observe while trying to remember models and skills plus a sea of reading…

Although infrequent, court cases against mediators are illuminating, helping us avoid being dragged into court ourselves. Here’s an example In Tapoohi v Lewenberg & Ors (No 2) [2003] VSC 410, the Supreme Court of Victoria, Australia, considered it arguable that a mediator owes a duty of care to the disputants. The mediated dispute This was…

(Written with Advocate Karleen De Mello, Goa, India) I was recently witness to a mediation session during which two seasoned negotiators behaved disappointingly. Why? On the other side was a negotiator, who walked in with a cane, accompanied by her lawyer. From the outset, these two experienced negotiators behaved very awkwardly at the table, with one…

While The Kluwer Mediation Blog is aimed at an international audience and often deals with issues of transcendent import to those interested in the mediation process (like Bill Marsh’s recent inspiring post on Leadership) I can’t help but comment on recent Ontario decision that will be of interest to the mediation community here, and perhaps…

This blog entry has its origins in two threads of conversation. First, as I write, we are just three weeks out from the 2018 Forum on Online Dispute Resolution, to be hosted by the NZ Centre for ICT Law and Auckland Law School. What has been an annual – even flagship – Forum is now…

The term “art disputes” encompasses a broad range of disputes in the area of art and cultural heritage. They may relate to copyright and moral rights, chain of title, restitution, acquisition, donation, loan and deposit, insurance of art works, art as collateral in financing transactions, art fairs, digitalization, misappropriation of traditional cultural expressions, and several…

(This post is being republished because of technical problems when it was first published.) One of the key debates among mediators centres on the word ‘evaluation’. I’ve written about this before – see Has the evaluative label outlived its usefulness? I’m sure many readers are familiar, even bored, with the claimed polarity between facilitative and…